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28 Feb 2011, 12:20 pm
App., 3rd District, July 27, 2010), which the California Supreme Court depublished by virtue of its November 17, 2010 order granting review. [read post]
28 Feb 2011, 3:45 am
In Martin, the court unanimously held that California’s requirement that a state habeas petition be filed within a “reasonable time” was an adequate state ground to bar habeas review. [read post]
28 Feb 2011, 12:54 am
The February 25, 2011 press release about the verdict from the lead plaintiff, the California State Teachers’ Retirement System (CalSTRS), can be found here. [read post]
27 Feb 2011, 7:33 pm
LEXIS 1712 (2/23/2011) (noncapital) “A California rule requiring state habeas petitions to be filed “as promptly as the circumstances allow” constitutes an independent state ground that is adequate to bar habeas relief in federal court. [read post]
25 Feb 2011, 4:28 pm
[Stop the Deportations]* A status update in the Facebook juror case: the California Supreme Court wants some briefing. [read post]
25 Feb 2011, 2:03 pm
Given the amount of the attorney's fees award at state (approximately $100,000) and other considerations, we doubt UPS will petition the California Supreme Court for review of today's decision, and it is not immediately clear that there would be a viable basis for Mr. [read post]
25 Feb 2011, 8:08 am
The Court signaled that lower courts had expanded the notion of implied “obstacle” preemption too far in barring state law remedies for dangerous products. [read post]
25 Feb 2011, 2:06 am
The term fair use originated in the United States. [read post]
24 Feb 2011, 11:15 am
Mazda, the Supreme Court held that state-law damages claims seeking to hold an automaker accountable for its vehicle-design choices were not barred by federal regulation of motor vehicles. [read post]
24 Feb 2011, 10:43 am
The decision was appealed, and the United States Supreme Court granted certiorari. [read post]
24 Feb 2011, 7:41 am
Failure to Warn: CALIFORNIA APPEALS COURT BACKS DISMISSAL OF SURGICAL TOOL INJURY SUIT, Courtenay v. [read post]
24 Feb 2011, 7:40 am
Other state and federal courts also had rejected similar lawsuits. [read post]
24 Feb 2011, 6:27 am
Martin, the Court held that a California rule requiring that habeas petitions be filed “as promptly as the circumstances allow” constitutes an independent state ground that can bar habeas relief in federal court. [read post]
23 Feb 2011, 9:12 pm
Their menial servants may enter, may break locks, bars, and everything in their way; and whether they break through malice or revenge, no man, no court can inquire. [read post]
23 Feb 2011, 4:37 pm
California's timeliness bar has been specifically upheld. [read post]
23 Feb 2011, 12:45 pm
The California Courts agreed with Mazda, holding the doctrine of preemption applied. [read post]
23 Feb 2011, 12:10 pm
Supreme Court ruled that federal regulations setting vehicle safety standards do not bar lawsuits seeking damages from automakers for installing lap-only seat belts. [read post]
23 Feb 2011, 10:46 am
Martin [Cornell LII backgrounder; JURIST report] that a state law barring a prisoner from collaterally attacking his conviction is adequate to support a procedural bar to filing a habeas corpus petition. [read post]
23 Feb 2011, 9:46 am
The government’s switch in position led swiftly on Wednesday to a plea by same-sex couples in California for the Ninth Circuit Court to clear the way, immediately, for them to marry under a federal judge’s ruling striking down the ban against their marriage under the state’s Proposition 8. [read post]
23 Feb 2011, 8:28 am
The Court held that a California rule requiring state habeas petitions to be filed “as promptly as the circumstances allow” constitutes an independent state ground that is adequate to bar habeas relief in federal court. [read post]
